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Madras High CourtWP(MD)/14940/2022disposed of

Kaliamurthy.V (Died) v. The Deputy Commissioner Of Labour

2024-09-03Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.09.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.14940 of 2022 V.Kaliamurthy(died) 1.Tamilarasi 2.Keerthika 3.Eswari (P1 to 3 are substituted vide Court order Dated 07.08.2024 in W.M.P(MD)No.11860 of 2023 in W.P(MD)No.14940 of 2022) ... Petitioners Vs.

1.The Deputy Commissioner of Labour, Labour Complex, Tiruchirapalli - 20.

2.The Assistant Director, Handlooms and Textiles, Kumbakonam, Thanjavur District.

3.The Managing Director, Z.426, Ammapettai Silk Handloom Weaver's Cooperative Production and Sales Society, Ammapettai, Thanjavur - 6144401.

... Respondents 1/5

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to settle the petitioner's terminal benefits within the stipulated time based on the order of the 1st respondent in TNSC No. 1/2018 dated 2.7.2021. For Petitioner :

M/s.T.A.Ebenezer For Respondents :

Mr.S.S.Madhavan Government Advocate for R1 & R2 Mr.S.Shaji Bino Special Government Pleader for R3 * * * * *

ORDER

The instant writ petition was originally filed by one Kaliamurthy and after his death, he is represented through his legal heirs. 2.The instant writ petition has been filed seeking a mandamus directing the third respondent to settle the terminal benefits. The original petitioner was about to superannuate on 30.04.2018 and he was not permitted to retire and the terminal benefits were also not disbursed. The petitioner has approached the first respondent herein and the first respondent has passed an order on 02.07.2021 in TNSC No.1 of 2018, directing the third respondent to treat the petitioner who 2/5

have attained superannuation on 30.04.2018 and directing the third respondent to disburse all the terminal benefits within a period of 30 days. However the said order was not complied with by the third respondent. 3.The writ petitioner herein through his counsel has addressed a representation to the third respondent on 13.04.2022, seeking the terminal benefits. The said representation has also been acknowledged by the respondent. However, so far the terminal benefits have not been released. 4.Considering the order passed by the first respondent herein on 02.07.2021, the third respondent herein is directed to disburse the terminal benefits within a period of twelve weeks from the date of receipt of a copy of this order.

5.With the above said observations, this writ petition stands disposed of. No costs.

03.09.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No RJR 3/5

To 1.The Deputy Commissioner of Labour, Labour Complex, Tiruchirapalli - 20.

2.The Assistant Director, Handlooms and Textiles, Kumbakonam, Thanjavur District.

3.The Managing Director, Z.426, Ammapettai Silk Handloom Weaver's Cooperative Production and Sales Society, Ammapettai, Thanjavur - 6144401.

4/5

R.VIJAYAKUMAR , J.

RJR W.P.(MD)No.14940 of 2022 03.09.2024 5/5